Nghị định 55/2024/NĐ-CP hướng dẫn Luật Bảo vệ quyền lợi người tiêu dùng

DECREE

ELABORATION ON THE LAW ON PROTECTION OF CONSUMERS' RIGHTS

Pursuant to the Law on Organization of the Government of Vietnam dated June 19, 2015; the Law on Amendments to the Law on Organization of the Government of Vietnam and the Law on Organization of the Local Government of Vietnam dated November 22, 2019;

Pursuant to the Law on Protection of Consumers’ Rights dated June 20, 2023;

At the request of the Minister of Industry and Trade of Vietnam;

The Government of Vietnam hereby promulgates a Decree on elaboration on the Law on Protection of Consumers’ Rights.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates on Clause 9 Article 3; Clause 2 Article 9; Clause 2 Article 13; Clause 5 Article 23; Clause 5 Article 28; Clause 3 Article 32; Clause 5 Article 33; Clause 4 Article 37; Clause 5 Article 39; Clause 3 Article 40; Clause 3 Article 45; Clause 3 Article 47 and Clause 2 Article 73 of the Law on Protection of Consumers’ Rights.  

Article 2. Interpretation of terms

For the purpose of this Decree, the following terms shall be construed as follows:

1. “Influencer” refers to an expert or a person who has reputation or publicity in a specific field, industry, or profession sponsored by a trader in any form to use the image, advice, or suggestion of such a person to promote trade or encourage consumers to purchase or use products, goods, or services. An influencer is one of the following persons:

a) A person with qualifications, expertise, and experience in a specific field, industry, or profession, recognized by competent agencies and organizations;

b) A typical person with meritorious services, contributions, or reputation in the society or a specific field, industry, or profession, recognized by competent agencies and organizations; 

c) A person who captures the interest of society with a significant number of followers on social media or has an account eligible for participation in advertising and trading programs on digital platforms.

2. “Big digital platforms” prescribed in Clause 4 Article 39 of the Law on Protection of Consumers’ Rights are digital platforms serving e-transactions established and operated for trading purposes in cyberspace that meet one of the following criteria:  

a) Having at least 3.000.000 user accounts that operate annually in Vietnam according to the law on e-transactions. Traders shall determine the number of user accounts operating on their digital platforms;

b) Being a big or very-big intermediary digital platform serving e-transactions according to the law on e-transactions.

Chapter II

ORGANIZATION OF ACTIVITIES IN SUPPORT OF VIETNAM CONSUMER RIGHTS DAY

Article 3. Organization of activities in support of Vietnam Consumer Rights Day 

1. The annual Vietnam Consumer Rights Day aims to:

a) Affirm the role, position, and importance of the protection of consumers’ rights with the stable and sustainable development of society and Vietnam;

b) Disseminate, educate, and universalize laws and policies on the protection of consumers’ rights;  

c) Enable the mobilization and centralization of the resource, interest, support, and participation of the whole society regarding the protection of consumers' rights;

d) Contribute to the development of a healthy consumption environment for consumers and traders; maintain the stability and motivate the development, innovation, and creativity of Vietnam’s economy; 

dd) Enhance the responsibility and encourage cooperation between state management authorities and social organizations participating in the protection of consumers' rights and traders in implementing activities for the protection of consumers' rights.

2. Activities

a) Activities to disseminate, universalize, and provide training in the law on the protection of consumers’ rights and skills in consumption to mobilize and centralize the interest, support, and participation of the whole society regarding the protection of consumers’ rights;

b) Public activities to attract the participation of a large number of consumers and relevant agencies, organizations, and individuals;

c) Activities within national plans, projects, schemes, programs, and activities concerning the protection of consumers’ rights promulgated by the Prime Minister of Vietnam;

d) Other activities in support of Vietnam Consumer Rights Day.

3. Plans to organize activities

a) The Ministry of Industry and Trade of Vietnam shall take charge and cooperate with relevant ministries and central authorities, People’s Committees of provinces and centrally affiliated cities, and relevant agencies, organizations, and individuals in selecting themes to be launched and developing specific implementation plans; instruct, direct, and organize the annual Vietnam Consumer Rights Day while ensuring practicality, effectiveness, and thrift; 

b) The plan to organize activities in support of Vietnam Consumer Rights Day shall be regularly and constantly implemented throughout the whole year, focusing on the last month of the year and the first 3 months of the year with the peak period from March 1 to March 20 every year.

Chapter III

PROTECTION OF CONSUMERS’ RIGHTS IN TRANSACTIONS WITH PERSONS ENGAGING IN INDEPENDENT AND REGULAR COMMERCIAL ACTIVITIES NOT SUBJECT TO BUSINESS REGISTRATION

Article 4. Responsibilities of persons engaging in independent and regular commercial activities not subject to business registration within the premises of markets and malls

Persons engaging in independent and regular commercial activities not subject to business registration within the premises of markets and malls shall, aside from implementing the responsibilities prescribed in Clause 1 Article 9 of the Law on Protection of Consumers’ Rights, adequately implement responsibilities for the protection of consumers’ rights as prescribed in intramural regulations issued by organizations managing such markets and malls under the law.

Article 5. Responsibilities of organizations managing markets and malls

1. Issue intramural regulations according to the law, specifying basic contents of the protection of consumers' rights, including rights and responsibilities of consumers and sellers; persons responsible for receiving and settling request and feedback from consumers and violation handling measures.

2. Mediate disputes between consumers and sellers within the premises of markets or malls when requested.

3. Place and maintain operation of scales or measuring devices in markets or malls for consumers to inspect the quantity and mass of goods. Scales and measuring devices shall be inspected and be within the inspection period according to the law on measurement.

4. Regularly supervise the quality and quantity of goods, scales, and measuring devices in markets or malls.

5. Establish and disclose hotlines to receive and settle requests from consumers in conformity with the classification of markets and malls as prescribed by the law.

6. Biannually notify and cooperate with authorities in charge of commerce, market management, food safety, standards, measurement, and quality in controlling the quality, quantity, origin, and safety of foods regarding goods and services within the premises of markets or malls under their management.

7. Report to competent authorities when detecting violations against the law on the protection of consumers’ rights and other relevant laws.

8. Handle violations according to intramural regulations issued under the law.

Chapter IV

CONTRACTS WITH CONSUMERS, STANDARD FORM CONTRACTS, AND GENERAL TRADING CONDITIONS

Article 6. General requirements for contracts with consumers, standard form contracts, and general trading conditions

Contracts concluded with consumers, standard form contracts, and general trading conditions shall meet the following requirements:

1. The language used is Vietnamese; other languages may be used under agreements according to Clause 2 Article 23 of the Law on Protection of Consumers’ Rights.

2. In the case of concluding paper contracts, the mandatory font size is 12 with Times New Roman font or equivalent sizes.

3. The color of the letters and the color of the background shall contrast each other.

4. The layout and design of the text shall be clear and easy to follow.

5. Contents shall be clear, easy to follow, and in compliance with the law on the protection of consumers’ rights.

Article 7. Responsibility for registration of standard form contracts and general trading conditions

1. Before using standard form contracts and general trading conditions included in the list of products, goods, and services subject to registration promulgated and amended by the Prime Minister of Vietnam to conclude contracts with consumers, traders shall carry out the registration with consumer right protection authorities according to this Decree.

2. Standard form contracts and general trading conditions shall only be used for conclusion with or application to consumers after the registration is completed according to Clause 1 Article 12 of this Decree.  If the consumer provides payments before the conclusion of standard form contracts and general trading conditions, makes a deposit or escrow, or implements security measures to fulfill other obligations concerning the conclusion of standard form contracts and general trading conditions, traders shall complete the registration and disclose standard form contracts and general trading conditions for the consumer's acknowledgment of the contents of such documents according to Clause 2 Article 12 of this Decree before the implementation of payments or the mentioned measures. 

3. Before January 31 every year, traders with standard form contracts and general trading conditions included in the list of products, goods, and services subject to registration promulgated and amended by the Prime Minister of Vietnam shall submit reports on the registration and application of standard form contracts and general trading conditions registration authorities following Form No. 01 in the Appendix enclosed herewith.

Article 8. Applications for and forms of registration of standard form contracts and general trading conditions

1. An application for the registration of standard form contracts and general trading conditions shall include the following documents:

a) Application following Form No. 02 in the Appendix enclosed herewith;  

b) Draft standard form contracts and general trading conditions in Vietnamese.  

2. A registration application may be submitted in person, by post, or online to consumer right protection authorities in a set according to Article 14 of this Decree.

Article 9. Application receipt

1. After submitting the application, the trader will receive a receipt note, which specifies the receipt time and result return date.

2. Within 5 working days from the date of receipt of the application, the receiving authority shall inspect its adequacy and validity. In case the application is inadequate or invalid, the receiving authority shall issue a written notification following Form No. 03 in the Appendix enclosed herewith to the trader for them to revise such application.   If the application is adequate and valid, the receiving authority shall appraise it according to Article 10 of this Decree.

Article 10. Registration application appraisal

1. Registration authorities shall appraise registration applications within 30 days from the date of receipt of valid applications according to Article 9 of this Decree. The appraisal time may be extended for up to 30 more days in complicated cases.  In case of appraisal time extension, registration authorities shall promptly notify traders of the extended time and reasons.

2. During the registration application appraisal, registration authorities may request traders to explain necessary issues concerning the registration contents. 

Article 11. Scope of appraisal for standard form contracts and general trading conditions

Competent authorities prescribed in Article 14 of this Decree shall appraise standard form contracts and general trading conditions regarding the following contents:

1. Contents prescribed in Clauses 1, 2, and 3 Article 23 of the Law on Protection of Consumers’ Rights.

2. Prohibited contents prescribed in Article 25 of the Law on Protection of Consumers’ Rights.

3. Contents prescribed in Clause 2 Article 38 of the Law on Protection of Consumers’ Rights regarding standard form contracts in remote transactions.

4. Contents prescribed in Clause 2 Article 42 of the Law on Protection of Consumers’ Rights regarding standard form contracts for continuous supply of services.

5. Contents prescribed in Article 6 of this Decree.

Article 12. Registration completion

1. In case applications of traders comply with Article 11 of this Decree, registration authorities shall issue notifications of the completion of the registration of standard form contracts and general trading conditions following Form No. 04 in the Appendix enclosed herewith.  In case applications of traders fail to comply with Article 11 of this Decree, registration authorities shall issue written notifications of the application appraisal specifying the reasons for the incompletion of the registration of the applications following Form No. 05 in the Appendix enclosed herewith.

2. After completing registration procedures, information on traders and standard form contracts and general trading conditions with completed registration shall be disclosed and stored on the web portals of registration authorities.  Traders shall disclose notifications of registration completion and standard form contracts and general trading conditions with completed registration by posting them up at an easy-to-notice position at their headquarters or trading locations and disclosing them on their web portals or software applications (if any) during the whole period of application of such standard form contracts and general trading conditions.

Article 13. Re-registration of standard form contracts and general trading conditions

1. A trader shall re-register its standard form contracts and/or general trading conditions when:

a) There is a change in the law which results in a change in the contents of the standard form contracts and/or general trading conditions;

b) The trader changes their standard form contracts and/or general trading conditions;

c) The standard form contracts and/or general trading conditions are fully or partially canceled or revised according to Clause 1 Article 15 of this Decree.  

2. Traders shall carry out the procedure for re-registering standard form contracts and general trading conditions and disclose relevant information after completing such a procedure similarly to the first-time registration as prescribed in this Decree.

Article 14. Competence to control standard form contracts and general trading conditions  

1. Consumer right protection authorities of the Ministry of Industry and Trade of Vietnam shall control standard form contracts and general trading conditions in cases where such contracts and conditions are applied to two or more provinces or centrally affiliated cities.

2. Consumer right protection authorities of Provincial People’s Committees shall control standard form contracts and general trading conditions in cases where such contracts and conditions are applied to their areas.

3. The control of standard form contracts and general trading conditions includes the control of standard form contracts and general trading conditions included in the list of products, goods, and services subject to registration promulgated and amended by the Prime Minister of Vietnam and the control of standard form contracts and general trading conditions not subject to registration.

Article 15. Cancelation and revision of standard form contracts and general trading conditions as requested by consumer right protection authorities

1. Consumer right protection authorities shall participate in the protection of consumers’ rights and request traders to cancel or revise all or part of standard form contracts and general trading conditions if such contracts and conditions are found to be violating the law on the protection of consumers’ rights according to Article 14 of this Decree or at the request of consumers or social organizations. 

2. Traders shall cooperate with consumer right protection authorities in making reports, providing information, and explaining the contents of standard form contracts and general trading conditions when requested by consumer right protection authorities.

3. Traders shall revise or remove the violating contents within 30 days after being requested by consumer right protection authorities. In complicated cases, the mentioned time may be extended by up to 90 days according to the decisions of consumer right protection authorities.  

Within 5 working days from the date of revision or removal of the mentioned violating contents, traders shall disclose standard form contracts and general trading conditions with revised or removed violating contents by posting them up at an easy-to-notice position at their headquarters or trading locations, disclosing them on their web portals or software applications (if any), notifying consumers with concluded contracts of the application of new general trading conditions and re-concluding standard form contracts if requested by consumers.

Article 16. Cooperation in controlling standard form contracts and general trading conditions

1. The Ministry of Industry and Trade of Vietnam and the Provincial People’s Committees shall cooperate in the state management of the control of standard form contracts and general trading conditions according to the law on the protection of consumers’ rights.  Before December 25 every year, consumer right protection authorities of Provincial People’s Committees shall submit reports on the control of standard form contracts and general trading conditions in their areas during the period from December 15 of the previous year to December 14 of the reporting year to consumer right protection authorities of the Ministry of Industry and Trade of Vietnam following Form No. 06 in the Appendix enclosed herewith. 

2. In necessary cases, consumer right protection authorities shall consult with authorities of specific fields and industries and local authorities on standard form contracts and general trading conditions following Form No. 07 in the Appendix enclosed herewith.  Authorities of specific fields and industries and local authorities shall, within their scope of tasks and entitlements, cooperate with consumer right protection authorities in controlling standard form contracts and general trading conditions in compliance with the law on the protection of consumers’ rights and provide answers to advisory requests from consumer right protection authorities within 5 working days after receiving such requests. 

3. According to irregular requests concerning the protection of consumers’ rights, consumer right protection authorities of the Ministry of Industry and Trade of Vietnam may request authorities of specific fields and industries or local authorities to cooperate in providing lists of traders applying standard form contracts and general trading conditions to transactions with consumers.  Authorities of specific fields and industries and local authorities shall cooperate in promptly providing the contents requested by consumer right protection authorities of the Ministry of Industry and Trade of Vietnam.

4. Forms of reports and methods of submitting and receiving reports prescribed in this Article shall comply with the law on reporting regulations of state administrative authorities.

Chapter V

RESPONSIBILITIES FOR DEFECTIVE PRODUCTS AND GOODS

Article 19. Necessary measures to stop the supply of defective products and goods

1. Excluding cases where the law prescribes otherwise, within 24 hours after detecting defective products and/or goods or receiving requests from competent authorities, traders shall immediately carry out necessary measures to stop the supply of defective products and/or goods on the market. 

2. Traders shall assume responsibility before consumers and the law regarding any delay in stopping the supply of defective products and/or goods on the market.

Article 18. Responsibility for disclosing and announcing the recall of defective products and goods

1. If defective products and goods are of group A according to Point a Clause 1 or Point c Clause 1 Article 33 of the Law on Protection of Consumers’ Rights, within 3 working days after detecting that products and goods are defective or receiving recall requests from competent authorities, traders shall disclose and announce information on the defective products and goods and the recall of such products and goods according to Points b and c Clause 2 Article 33 of the Law on Protection of Consumers’ Rights.

2. If defective products and goods are of group B according to Point b Clause 1 Article 33 of the Law on Protection of Consumers’ Rights, within 5 working days after detecting that products and goods are defective or receiving recall requests from competent authorities, traders shall disclose information on defective products and goods and the recall of such products and goods according to Point b Clause 2 Article 33 of the Law on Protection of Consumers’ Rights.

3. If other laws stipulate the time for the implementation of responsibilities prescribed in Clauses 1 and 2 of this Article differently, traders shall comply with such laws.

Article 19. Reports on the recall of defective products and goods submitted to competent authorities

1. Before recalling defective products and goods, traders shall submit reports to consumer right protection authorities and relevant state management authorities following Form No. 08 enclosed herewith.

2. Excluding cases where the law prescribes otherwise, within 5 working days from the end of the recall of defective products and goods or the date of receipt of requests for reports from consumer right protection authorities and relevant state management authorities, traders shall submit reports on the results of the recall to such authorities following Form No. 09 enclosed herewith. 

3. Where the recall of defective products and goods is implemented only in a province or centrally affiliated city, traders shall submit reports on the recall to the consumer right protection authority of the Provincial People’s Committee and the provincial specialized authority where the recall is implemented. 

Where the recall of defective products and goods is implemented in two or more provinces or centrally affiliated cities, traders shall submit reports on the recall to the consumer right protection authority of the Ministry of Industry and Trade of Vietnam and relevant central state management authorities for inspection and monitoring while submitting reports consumer right protection authorities and specialized authorities at the provincial level where the recall is implemented for such authorities to cooperate in inspecting and monitoring the local recall.  

Article 20. Sources of information and data for identifying defective products and goods

1. The identification of defective products and goods according to this Decree shall be carried out in compliance with Clause 3 Article 3 and Clause 1 Article 33 of the Law on Protection of Consumers’ Rights.

2. The identification of defective products and goods may be based on one or several grounds or the following sources of information and data:

a) Notifications and warnings of competent authorities of countries and territories;

b) Notifications and warnings of international organizations that Vietnam is a member;

c) Judgments and rulings of Courts;

d) Information and warnings of specialized authorities;

dd) Effective decisions on the recall of defective products and goods of competent authorities;

e) Identification of defective products and goods of traders;

g) Other sources of information and data if consumer right protection authorities and relevant state management authorities can prove their authenticity and sufficient scientific grounds. 

3. Traders shall identify defective products and goods subject to recall as per regulation and assume all responsibility for the identification of defective products and goods as prescribed in Clauses 1 and 2 of this Article.

4. Where there are grounds to assume that the identification of defective products and goods by traders is inappropriate, consumer right protection authorities and relevant state management authorities may request traders to adjust it for appropriateness to implement the responsibilities for recalling defective products and goods according to the re-identified defective products and goods and in compliance with the law. 

Article 21. State management authorities in charge of inspecting and monitoring the recall of defective products and goods

1. Consumer right protection authorities and relevant state management authorities shall receive reports from traders and inspect and monitor the recall of defective products and goods as prescribed in Article 32 and Article 33 of the Law on Protection of Consumers’ Rights.

2. Provincial consumer right protection authorities and provincial specialized authorities recalling defective products and goods shall inspect and monitor the recall to ensure that it complies with the contents of reports and notifications provided by traders and ensures the legitimate rights and benefits of consumers and compliance with the law.

3. Where the recall of defective products and goods is implemented in two or more provinces or centrally affiliated cities, the central consumer right protection authorities and relevant central state management authorities shall inspect and monitor the recall while directing and cooperating with provincial consumer right protection authorities and provincial specialized authorities in implementing the recall for local inspection and monitoring.

4. In necessary cases, consumer right protection authorities and relevant state management authorities may request traders to adjust or add necessary measures to the recall program to ensure the rights and benefits of consumers as prescribed by the law.

Chapter VI

RESPONSIBILITIES OF TRADERS FOR CONSUMERS IN SPECIAL TRANSACTIONS

Article 22. Responsibilities of traders in remote transactions  

1. In case of providing information on the procedure for replacing and/or returning products, goods, and services, the following information shall be mandatory:

a) Specific time limit for consumers to carry out the replacement and/or return;

b) Specific steps and time limit for implementing each step in the procedure;

c) Contact information of the department in charge if consumers have feedback or complaints on the implementation of this procedure.

2. In case of providing information on the procedure for receiving and settling feedback, requests, and complaints from consumers, the following information shall be mandatory:  

a) Methods of receiving feedback, requests, and complaints from consumers;

b) Specific steps and time limit for implementing each step in the procedure;

c) Cases prioritized for receipt and settlement;

d) Guidelines on necessary information and documents for the receipt and settlement (if any).

Article 23. Responsibilities of organizations establishing and operating big digital platforms

1. Disclose criteria for determining the priority of the display of products, goods, and services if digital platforms have a search function. If the displayed content is paid or sponsored content, results of the search for products, goods, and services shall be re-disclosed.  

The development and disclosure of the applied criteria for determining the priority of the display of products, goods, and services if digital platforms have a search function shall comply with relevant laws.

2. Maintain online reporting accounts and provide the following information and/or data, which is updated until requests for reports for inspections from competent state management authorities as prescribed by the law:

a) Establishment of advertisement archives using algorithms to target specific consumers, including the addresses of established archives; archive scale; advertising content;

b) Content censorship and use of algorithm systems and advertisements targeting specific consumers;

c) Use of algorithm systems and advertisements targeting vulnerable consumers according to Clause 1 Article 8 of the Law on Protection of Consumers’ Rights.  

d) Implementation of regulations on the handling of accounts whose owners' identities are unverified and the use of artificial intelligence and wholly and partly automated measures in the reporting period;

dd) Disclosure of amendments and additions to the regulations of intermediary digital platforms in the reporting period; assignment of responsibilities of parties participating in the management and operation of transactions on intermediary digital platforms;

e) Provision of information on traders operating on intermediary digital platforms when consumers engage in transactions with such traders upon requests;

g) Removal of feedback and reviews on traders if such feedback and reviews violate the law or are contrary to social morals;  

h) Receipt and settlement of feedback, requests, and complaints from consumers concerning products, goods, services, and information on intermediary digital platforms;  

i) Priority of display of reviews, feedback, and complaints of social organizations participating in the protection of consumers’ rights or credit assessment organizations as prescribed by the law;

k) Transparency in advertising in cyberspace according to the law in cases of engagement in advertising;

l) Censorship of contents and information after complying with requests of competent state authorities;

m) Identification of organizations and individuals selling products and goods and providing services on intermediary digital platforms;

n) Permission and management of foreign traders selling and providing products, goods, and services to consumers in Vietnamese territory;

o) Measures adopted to handle violations of parties involved in transactions on the platforms according to operational regulations; rectify deficiencies as complained by consumers; carry out the conclusion and handling of violations of competent state authorities.

3. Organizations establishing and operating big digital platforms shall provide the information and data prescribed in Clause 2 of this Article via online methods to the web portals of consumer right protection authorities of the Ministry of Industry and Trade of Vietnam within 5 working days after receiving requests for reports, take responsibility for the accuracy and integrity of the provided information and data, and comply with the law on the protection of consumers’ rights regarding such information and data.

Article 24. Disclosure and removal of warnings for consumers about transactions in cyberspace

1. The list of traders in cyberspace that commit violations against the law on the protection of consumers’ rights shall be disclosed on mass media and posted at the headquarters and web portals of ministries, ministerial agencies, and Provincial People’s Committees. 

2. Disclosed contents include:

Names and addresses of traders in cyberspace that commit violations against the law on the protection of consumers’ rights;

Acts and locations of violations;

Promulgating authorities and the number and date of decisions on the handling of violations against the law on the protection of consumers’ rights.

3. The duration of the disclosure of violating traders is 30 days from the disclosure date. After the mentioned duration, authorities that disclose the information shall suspend or remove the information on traders in cyberspace that commit violations against the law on the protection of consumers’ rights. 

Article 25. Responsibilities of multi-level marketing sellers

1. Multi-level marketing (MLM) organizations shall:

a) Comply with regulations on the conclusion of written MLM contracts and assignment of contracts to MLM salespersons according to the regulations on operational principles;       

b) Comply with the regulations on the provision of basic training for MLM salespersons according to the regulations on operational principles within 30 days after concluding MLM contracts;

c) Comply with the responsibilities for maintaining the revenue ratio from selling goods to consumers who are not MLM salespersons according to the regulations of operational principles, compensation plans, and the law.

The revenue prescribed in this Point is the revenue generated from when salespersons make sales to consumers or when MLM enterprises make sales to consumers through introduction codes of participants;

d) Carry out other responsibilities according to the law on the management of MLM business activities and relevant laws.

2. MLM individuals shall:  

a) Store MLM contracts according to the regulations on operational principles;

b) Participate in basic training programs according to the regulations on operational principles within 30 days after concluding MLM contracts;  

c) Carry out other responsibilities according to the law on the management of MLM business activities and relevant laws.

Article 26. Notifications of sale activities at irregular transaction locations  

1. Traders shall notify People’s Committees of communes where the sale of products and goods and provision of services take place by one of the following methods:

a) By post;

b) In person at the headquarters of People’s Committees of communes;

c) Via emails enclosed with digital signatures or the scanned notifications signed and stamped by traders to the disclosed emails of People’s Committees of communes;

d) Via online public service systems provided by People’s Committees of communes.

2. A notification document shall include 1 notification following Form No. 10 in the Appendix enclosed herewith.

3. Notification documents shall be sent to the People’s Committees of communes within 3 working days before the implementation of trading activities (based on the date People’s Committees of communes written on postal bills or other equivalent forms in case of submission by post, the date written on document receipts in case of in-person submission, or the time recorded on the email system or the date recorded on the system in case of submission through online public service systems).

4. In case of revision of the contents of activities previously notified to the People’s Committees of communes, traders shall notify the People’s Committees of communes of the revised contents.  Revision notifications shall follow Form No. 11 in the Appendix enclosed herewith and comply with this Article.

Article 27. Responsibilities of People’s Committees of communes regarding sale activities at irregular transaction locations

1. Create favorable conditions for traders to sell products and goods and provide services according to the notified contents.

2. Archive notification documents for at least 2 years from the implementation of sale activities.

3. Adequately disclose notification contents of traders using appropriate forms for local consumers’ acknowledgment.  The disclosure shall be carried out before and during the implementation of sale activities and the provision of services by traders in their areas.

Chapter VII

COMPENSATIONS FOR DAMAGE IN CIVIL LAWSUITS CONCERNING THE PROTECTION OF CONSUMERS' RIGHTS FILED BY SOCIAL ORGANIZATIONS FOR PUBLIC INTERESTS

Article 28. Compensations for damage in civil lawsuits concerning the protection of consumers' rights filed by social organizations for public interests

In case it is impossible to identify the beneficiaries, compensations for damage in civil lawsuits concerning the protection of consumers' rights filed by social organizations for public interests shall be transferred to the state budget under the following principles:  

1. Compensations for damage in a lawsuit filed by a social organization participating in the protection of consumers’ rights in two or more provinces or centrally affiliated cities shall be transferred to the central budget. 

2. Compensations for damage in a lawsuit filed by a social organization participating in the protection of consumers’ rights in one province or centrally affiliated city shall be transferred to the local budget.  

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 29. Entry into force

1. This Decree comes into force as of July 1, 2024.

2. Decree No. 99/2011/ND-CP dated October 27, 2011 of the Government of Vietnam shall be annulled from the effective date of this Decree.

Article 30. Implementation responsibilities

Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of People’s Committees of provinces and centrally affiliated cities, and relevant agencies, organizations, and individuals shall implement this Decree within their functions and tasks.

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